Preventing Sexual Harassment: Know Your Rights and Responsibilities

1. Sexual Harass ME NOT!

2. Learning Objectives • Identify liability and legal foundations for harassment prevention • Recognize terms and concepts • Recognize types of harassment & discrimination • Understand your rights and responsibilities • Understand the complaint procedure • Understand the investigative process

3. Under Title VII of the Civil Rights Act There are two types of recognized sexual harassment: • Quid Pro Quo 2) Hostile Work Environment U.S. Equal Employment Opportunity Commission (EEOC)

4. Quid Pro Quo • “Something for something” • Harasser has position of power or authority over the person being harassed • Refusal to submit will tangibly affect the individual’s term or conditions of employment I will promote you if…

5. Examples of Threats • Getting fired • Getting a bad evaluation • Not getting a raise or promotion • Being excluded from a group • Not getting a preferred work schedule • Reduced work hours

6. Examples of Rewards • Getting hired • Getting a promotion • Getting a raise or other special treatment • Getting a preferred work schedule • Being included as part of a group • Getting a better grade or review on a evaluation

7. Hostile Work Environment Hostile work environment harassment is grounds for legal action when the conduct is unwelcome, based on sex, race, color, religion, national origin, age, disability, protect activity, pregnancy and severe or pervasive enough to create an abusive or offensive working environment.

8. Elements which may be analyze or determined as a hostile work environment or form of harassment: • Is the conduct verbal, physical, or both; • Frequency of the conduct; • Was the conduct hostile or patently offensive; • Was the alleged harasser a co-worker or supervisor; • Whether others joined in perpetrating the harassment; • Whether the harassment was directed at more than one individual or singled out the victim.

9. The law prohibits employment discrimination based on: Title VII, 1964 Civil Rights Act • Race • Color • Religion • Sex • National Origin Age Discrimination In Employment Act of 1967 • Age • Disabilities

10. The law prohibits employment discrimination based on: • Civil Right Act of 1991 • Granted litigants broader remedies and privileges through litigation: • Right to jury trial • Punitive & compensatory damages • Pregnancy Discrimination Act of 1978 • Amendment to Civil Rights Act • Unlawful to discriminate on the basis of pregnancy, childbirth or related medical conditions

11. The law prohibits employment discrimination based on: Civil Right Act of 1972 Amendment Sexual Harassment is: • Form of sex discrimination • Violation of federal law Americans with Disabilities Act • Prohibits discrimination on the basis of disability in • all employment practices • Employer must make accommodation to known • disability of qualified applicant or employee unless • it imposes undue hardship

12. June 1999 New EEOC Guidance Employer liable for harassment by supervisors based on: • Sex • Race • Color • Religion • National Origin • Age • Disability • Pregnancy • Protected Activity • Equal Pay/Compensation

13. Sex Discrimination Discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation.  The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. jkyt!!

14. Race/Color Discrimination Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.

15. Religion Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion.

16. National Origin National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.

17. Age Discrimination Age discrimination involves treating someone (an applicant or employee) less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

18. Disability Discrimination Disability discrimination occurs when an employer covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because he/she has a disability. Disability discrimination also occurs when a covered employer treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment, etc.

19. Disability Discrimination (Continue) The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship"). Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

20. Pregnancy Discrimination Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

21. Protective Activity The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.  Asserting these EEO rights is called "protected activity," and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for: • filing or being a witness in an EEO charge, complaint, investigation, or lawsuit • communicating with a supervisor or manager about employment discrimination, including harassment • answering questions during an employer investigation of alleged harassment

22. Protective Activity (Continue) For example, it is unlawful to retaliate against applicants or employees for: • refusing to follow orders that would result in discrimination • resisting sexual advances, or intervening to protect others • requesting accommodation of a disability or for a religious practice • asking managers or co-workers about salary information to uncover potentially discriminatory wages. • Participating in a complaint process is protected from retaliation under all circumstances. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate or illegal. • Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons.

23. Protective Activity (Continue) However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: • reprimand the employee or give a performance evaluation that is lower than it should be; • transfer the employee to a less desirable position; • engage in verbal or physical abuse; • spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or • make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities).

24. Equal Pay/Compensation Discrimination The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay.

25. Apply to Discrimination of all categories & Work Situations The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is illegal to harass a person because of his/her sex, race, color, religion, national origin, age disability, pregnancy, protective activity.

26. Apply to Discrimination of all categories & Work Situations Harassment can include, for example, offensive remarks about a person's beliefs or practices. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

27. Supreme Court Cases which set Precedent in making laws for discrimination: June 1999 - Supreme Court Cases: • Burlington Industries, Inc. v. Ellerth • Faragher v. City of Boca Raton Both addressed sexual harassment, but also drew upon standards set forth in cases involving harassment on other protected bases

28. Terms and Concepts address in the Supreme Court: • Protected Classes • Illegal Discrimination • Retaliation • Unlawful Harassment • Tangible Employment Action • Hostile Work Environment • Gender Bias • Sexual Harassment

29. Types of Harassment / Discrimination • Sex • Race • Color • Religion • National Origin • Age • Disability • Pregnancy • Protected Activity • Equal Pay/Compensation

30. EEOC Guidelines • Sexual Harassment is defined as: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

31. EEOC Guidelines • Hostile Work Environment is defined as: Such conduct unreasonably, interfereswith an individual’s work or academic performance or creates and intimidating, hostile, or offensive working or educational environment.

32. Examples of Sexual Harassment • Direct or indirect threats or bribes for unwanted sexual activity • Sexual innuendoes and comments • Sexually suggestive sounds or gestures such as sucking noises, winks or pelvic thrusts • Repeatedly asking a person out for dates • A neck / shoulder massage • Ogling or leering, staring at a woman’s breasts or a man’s derriere • Rating a person’s looks or sexuality

33. Examples of Sexual Harassment (cont.) • Name-calling, such as “babe” • Sexual ridicule • Frequent jokes about sex or males/females • Letters, notes, telephone calls or material of a sexual nature • Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content

34. Do’s • Be assertive • Provide a clear and emphatic objection every time the unwelcome conduct happens “Don’t Do That!” • Keep documentation • If you choose, confront the harasser • Continue to report to work • Make an official complain if the behavior does not stop !!!

35. Don'ts • Don’t attempt to retaliate • Don’t be a Friend • Don’t make yourself guilty of insubordination • Don’t socially or emotionally isolate yourself

36. Intent vs. Impact

37. Intent vs. Impact • Is my intent the same as the impact? • Is my behavior welcome?

38. Employee Responsibilities • Right to be free from harassing behavior • Responsibility to complain about harassing behavior

39. Supervisor Responsibilities • Let your employees know you take this issue seriously & the institution will respond promptly • Take a proactive stance in preventing unlawful harassment • Take appropriate action in a timely manner, don’t delay • Document. Write a detailed summary of the complaint • Follow up on the complaint. Check with the complainant the next day to ensure he or she is getting needed assistance

40. Dangerous Words When responding to a complaint, be careful that these words don’t come out of your mouth • It’s just teasing – no big deal • The people in our school would never do … • I know he/she didn’t mean anything like that • It’s your fault for dressing so provocatively • You need to learn to handle these things • Just ignore it • He puts his arms around everyone • You must have wanted it, otherwise you would have told I'm no • Why can’t you learn to accept a compliment? • It’s just a prank that got out of hand • We’ve never had a complaint, so we don’t have a problem

41. Organizational & Individual Costs • Employee productivity losses • Diminished student learning • Increased absenteeism, turnover and drop out rates • Court awards, settlements and fees • Damage to institutional image • Deterioration of student and staff morale • Negative institutional culture • Damaged interpersonal relationships • Psychological distress, compromised wellness • Compromised spiritual & moral integrity

42. Complaint Procedure • Let your employees know you take this issue seriously • Take a proactive stance in preventing unlawful harassment • Take appropriate action in a timely manner • Remember, you are liable if you knew or should have known

43. Complaint Procedure (cont.) You may file an oral or written complaint with any of the following personnel/offices: • Immediate Supervisor • Second Level Supervisor • Human Resource Office • Equal Employment Opportunity Commission (Federal)

44. Retaliation You are protected against retaliation for exercising your right to complain or for testifying or assisting in an investigation or hearing.

45. Investigative Process • Informal Review • Formal Review • Results of Investigation

46. Confidentiality • All complaints will be kept confidential • Records established as a result of an investigation are not to be retained in employee personnel file

47. Module 1 Narda is an office assistant working in billing. Whenever Narda needs assistance with the computerized billing system, the office manager, Zeek, instructs her while gently massaging her shoulders as he leans over to see the screen. Narda is uncomfortable with his behavior. Is this sexual harassment?

48. Module 2 Greeda is a receptionist in a sales office. In spite of Greeda’s objections, Elton, the sales manager, often finds ways to get physically close to Greeda, brushing lightly against her or playfully corning her in a room. Elton quietly enter the room and snapped her bra strap. Is this sexual harassment?

49. Module 3 Venora works in the claims office of an insurance company, where she met Vic, her supervisor. She finds Vic very attractive and visits his office frequently. At other times,Venora shows up at the water cooler when he is there; they both openly flirt with each other. They often discuss Venora’s fitness program and how it keeps her “terrific figure tight.” Venora loves Vic’s attention, laughs at his sexually explicit jokes and tells a few of her own. Is this sexual harassment?

50. Module 4 Koll works in the accounting office of a manufacturing plant. Whenever he takes his break, he is followed into the break room by his supervisor. She fixes him a cup of coffee, hands it to him, and as often as possible, angles him into the corner of the room, where she begins to give him running details of her non-existent sex life. Follow with compliments about his looks, usually as an attempt to soften him for the request, which is always, “When are you going to agree to take me to your place after work and help me out? You know if you help me, I can help you. I can get you promoted to assistant supervisor with the right motivation.” Is this sexual harassment?